The Food and Drug Administration (FDA) plans to propose a rule that would lower the amount of nicotine levels in cigarettes, The New York Times reported. FDA submitted the proposal to the Office of Management and Budget (OMB) for review earlier this week.  

“Dr. Robert Califf, the FDA’s commissioner, announced the agency’s intent to require tobacco companies to significantly reduce the amount of nicotine in traditional cigarettes in June 2022. The agency’s aim was to slash the addictive nicotine to a level that would make cigarettes undesirable, helping people to quit smoking and cutting the rate of smoking beyond its current, historic low,” reported the NYT.  

“The draft proposal to reduce nicotine levels elicited more than 7,700 comments from the public, including industry. The agency has since refined the plan, although it remains unclear whether the proposal would also affect nicotine levels in cigars, hookahs or e-cigarettes,” the NYT wrote. “Major cigarette companies including Reynolds American and Altria have responded to the proposal by saying they prefer harm-reduction efforts that include helping smokers make the transition to e-cigarettes, which are believed to be less harmful.” 

While the proposed rule was sent to the White House, a required step before its publication, with a little more than a month left in office, it is unclear if OMB will be able to finish its review. As the NYT notes, “The F.D.A. submitted the proposal to the Office of Management and Budget only on Tuesday, a sign that the move was perhaps more wishful and symbolic than realistic for a White House juggling many late-term agenda items. And traditionally, the budget office’s review of agency proposals can take months.” 

Regardless, NACS is paying close attention to the issue as its implications could significantly impact the convenience store industry.  

“NACS is closely following the Biden Administration’s plans to reduce the nicotine content in cigarettes, and we will review the proposal once it is published,” stated Anna Ready Blom, director of government relations for NACS. “NACS has long expressed concerns that any changes to tobacco policy must address the growing illicit tobacco market in the U.S. for it to be effective. Unfortunately, as we most recently saw with the menthol proposal, FDA failed to consider how illicit sellers would seize the opportunity to lure current tobacco users to buy counterfeit, unregulated products, an unintended consequence that would cause great harm.” 

In states and towns that have banned menthol cigarettes and flavored cigars, such as California and Massachusetts, black markets for the products have emerged. Read more about the illicit menthol market in “Unpacking the Menthol Black Market” in the June 2024 issue of NACS Magazine.  

Please stay tuned to NACS Daily for further updates.